Dispute Collection Account and Threaten to File Lawsuit

[Credit Expert]

Free Debt Letter Template: Dispute Collection Account and Threaten to File Lawsuit

This letter is to: Dispute paid collections and references the Doctrine of Estoppel and threatens to sue if they don’t delete the collection account.





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Dear Collection Agency,

It has come to my attention that you have placed a derogatory remark on my credit bureau files pursuant to my having paid you what you claimed that I owed.

When I paid you, I relied upon the belief that you would do the honorable thing and remove your nasty and derogatory comments from my credit bureau files which you not only failed to do but actually changed my listing to paid charge-off which is a far worse rating in the eyes of any potential future creditors.

In doing so, you obviously failed to realize that the Doctrine of Estoppel directly applies to this type of situation and is cause and more than sufficient grounds for my pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law.

Here is what the Doctrine of Estoppel is and how it applies to your violations of it. In order for the doctrine of estoppel to apply, the party of the first part (you, the collector) must make some statement or engage in some conduct upon which I have relied and acted upon which later proved to be to my detriment or prejudice.

In your communications with me you told me that you would update my credit reports as soon as I had paid the debt to you. Quite naturally, I assumed and relied upon your statement to that effect to mean that you would mark the account as "paid as agreed" or even quite possibly remove it entirely.

I am quite confident that both you and a court of law will agree that such is a perfectly reasonable assumption for an average debtor to make. And so upon that assumption I agreed to pay the debt and in fact did whereupon you actually worsened my credit bureau scores and that was most definitely to my detriment and prejudice and provided me with grounds to sue you for the full amount paid plus attorneys’ fees, court costs and whatever additional punitive damages a jury might award me.

Unless you move to cure your error and remove your derogatory remarks from my public records within 15 days of your receipt of this letter and provide proof of your cooperation with my demand in the form of mailing me a copy of your UDF which you transmitted to the credit bureaus demanding it's removal I shall immediately move to file against you in a court of law with jury trial demanded.

I am quite well aware that you have a contractual agreement with the credit bureaus which covers this problem and supposedly prevents you from compliance with my demands but a contract which is in violation of the law is null and void and of no force and effect whatsoever and therefore cannot be enforced either by you or upon you. Your so-called contract with the credit bureaus will not protect you for your willful violation of my rights which are protected by the Doctrine of Estoppel.

Your failure to cure and provide me with proof of your having cured the problem within 15 days after your receipt of this letter will be considered sufficient reason to refer this matter to the courts for their resolution.

While you may think that I have no right of private action due to the way FCRA is worded, let me hasten to assure you that such beliefs are quite ungrounded and false. That point has been vividly pointed out by the ruling of the U.S. 9th Cir. Ct. of Appeals in the case of Nelson v Chase, March 3, 2002. In which the court pointed out that Section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information. But my pending suit against you will not be about FDCPA nor FCRA but about how you have damaged me after I acted in good faith in dealing with you.

Sincerely,

Smart Consumer



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